LSI 2010 NRD Santa Fe final conference binder 072110.pdf

Brian D. Israel of Arnold & Porter LLP Speaker 5a: 13
New Jersey v. New Jersey Cent. Light & Power Co.
(New Jersey Supreme Court 1976)
Oyster Creek Nuclear Generating Station
7/15/2010 Brian D. Israel
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New Jersey v. New Jersey Cent. Light & Power Co.
(New Jersey Supreme Court 1976)
State brought claim against nuclear power company
for discharging large amounts of cold water into
Oyster creek, a tidal stream near the facility.
The state alleged that the cold water killed a large
number of menhaden fish in the stream:
– The fish had been attracted to the warmer waters created by
the company’s typical, warmer discharges into the river.
– The fish were killed when the company suspended operation
for a few days, and discharged unheated water.
The state filed suit both under the public trust doctrine
and under New Jersey environmental statutes.
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Law Seminars International | Natural Resource Damages | 07/15/10 in Santa Fe, NM